Requesting Repatriation of Cultural Items

After a summary is compiled, any lineal descendant, Indian Tribe, or Native Hawaiian organization may submit a written request for repatriation of cultural items (Step 4). Consultation is not required prior to making a request for repatriation.

What criteria is used to evaluate a request for repatriation?

A request for repatriation must satisfy the following criteria:

1. Each unassociated funerary object, sacred object, or object of cultural patrimony being requested meets the definition of an unassociated funerary object, sacred object, or object of cultural patrimony;

2. The request is from a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation; and
3. The request includes information to support a finding that the museum or Federal agency does not have right of possession to the unassociated funerary object, sacred object, or object of cultural patrimony.

How does a museum or Federal agency respond to a request for repatriation?

No later than 90 days after receiving a request for repatriation, a museum or Federal agency must send a written response to the requestor with a copy to any other consulting party. The written response must state one of the following:

1. The request meets the criteria for repatriation. A notice of intended repatriation must be published in the Federal Register (Step 6).

2. The request does not meet the criteria for repatriation. The museum or Federal agency must provide a detailed explanation why the request does not meet the criteria, and an opportunity for the requestor to provide additional information to meet the criteria.
3. The request meets the criteria for repatriation, but the museum or Federal agency asserts a right of possession to the unassociated funerary object, sacred object, or object of cultural patrimony. The museum or Federal agency must provide information to prove it has a right of possession.
4. The museum or Federal agency has received competing requests for repatriation that meet the criteria and must determine the most appropriate requestor.

What if the requestor disagrees with the museum or Federal agency response?

An requestor who wishes to contest actions made by museums or Federal agencies on a request for repatriation is encouraged to do so through informal negotiations to achieve a fair resolution of the matter. Informal negotiations may include requesting the assistance of the Manager, National NAGPRA Program, or the Review Committee.